HomeMy WebLinkAboutAllison_565_PA-2016-02017
CITY F
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December 16, 2016
Notice of Final Decision
On December 16, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-02017
Subject Property: 565 Allison Street
Applicant: Randy Ellison
Description: This application requests a Tree Removal Permit to remove and replace two
dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION:
Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 DB TAX LOT: 2300.
The Community Development Director's decision becomes final and is effective on the 12t1i day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
c:
If you have any questions regarding this decision, please contact Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5414188-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us ( _ J
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for• Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860. `
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 !
www.ashland.or.us ,r <
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-02017
SUBJECT PROPERTY: 565 Allison Street
APPLICANT: Randy Ellison
DESCRIPTION: This application requests a Tree Removal Permit to remove and
replace one split-trunk dying Birch tree from a six-unit multi-family properly.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09 DB TAX LOT: 2300.
SUBMITTAL DATE: October 25, 2016
DEEMED COMPLETE DATE: November 29, 2016
STAFF APPROVAL DATE: December 16, 2016
DEADLINE TO APPEAL (4:30 p.m.): December 28, 2016??
FINAL DECISION DATE: December 29, 2017
APPROVAL EXPIRATION DATE: June 29, 2018
DECISION
E..
Application PA-2016-02017 requests to remove one dying split-trunk Birch tree from the multi-
family property at 565 Allison Street. This property abuts the north side of Allison Street between
Union Street and Sherman Street. The property contains six rental units on site. The tree proposed
for removal is located in the southwest corner of the property approximately thirteen-feet behind k:
the sidewalk and twelve-feet from the western property line.
The application notes that, to no avail, the owner has been aggressively trying to save the tree for
several years through extensive watering during the summer months and repeatedly pruning the
dead areas. The application notes that the proximity to the sidewalk poses a threat to pedestrians
and cars as the tree continues to decline. A mitigation tree of deciduous species is proposed.
The application included a report from Casey Roland Tree Care detailing the White Birch not only
has dead tops and thin foliage, it has been "repeatedly attacked by Bronze Birch Beetles". The
report concludes by stating that due to the consistent decline in health, there are no practical
measures that can be taken to ensure survival.
Staff finds that the tree, due to deteriorating health and the close proximity to multiple structures
as well as pedestrian and vehicle areas, poses an unacceptable hazard that cannot be reasonably
alleviated by means other than removal and replacement.
The Ashland Tree Commission reviewed this request at their regular meeting on December 8, 2016
where they unanimously voted to recommend approval of the application as proposed.
Upon review of the application and taking the Tree Commission recommendation into
consideration, Staff finds the application with attached conditions has sufficiently demonstrated
compliance with all applicable approval criteria.
PA-2016-02017
565 Allison Street / CTD
Page 1
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The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.B
as follows:
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made to conform through the
imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i. e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facility, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the
permit.
2. Thee that is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted
if the approval authority finds that the application meets all of the following criteria, or can be
made to conform through the imposition of conditions.
1. The tree is proposed for removal in order to permit the application to be consistent with
other applicable Land Use Ordinance requirements and standards, including but not
limited to applicable Site Development and Design Standards in part 18.4 and Physical
and Environmental Constraints in part 18.10.
2. Removal of the tree will not have a significant negative impact on erosion, soil stability,
flow of surface waters, protection of adjacent trees, or existing windbreaks.
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subjectproperty. The City shall grant
an exception to this criterion when alternatives to the tree removal have been considered
and no reasonable alternative exists to allow the property to be used as permitted in the C`
zone.
4. Nothing in this section shall require that the residential density to be reduced below the
permitted density allowed by the zone. In making this determination, the City may consider
alternative site plans or placement of structures of alternate landscaping designs that
would lessen the impact on trees, so long as the alternatives continue to comply with the
other provisions of this ordinance.
5. The City shall require the applicant to mitigate for the removal of each tree granted
approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition
of approval of the permit.
PA-2016-02017 h
565 Allison Street/ CTD
Page 2
Planning Action #2016-02017 is a request to remove one hazardous tree from the property located
at 565 Allison Street.
The application with the attached conditions complies with all applicable City ordinances for a
tree removal permit. Planning Action #2016-02017 is therefore approved. The following are the
conditions and they are attached to the approval. If any of the following conditions are found not
to be true, then Planning Action #2016-02017 is denied:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
2) That one (1) mitigation tree of deciduous species be planted on site within one (1)
year of issuance of this decision.
3) That all mitigation trees be planted at minimum of a 1.5" caliper and irrigation be
provided.
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December 16, 2016
aria Harris, Planning Manager Date
Department of Community Development
PA-2016-02017
565 Allison Street / CTD
Pave
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
December 8, 2016
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PLANNING ACTION: PA-2016-02017
SUBJECT PROPERTY: 565 Allison Street
APPLICANT: Randy Ellison
DESCRIPTION: This application requests a Tree Removal Permit to remove and replace
two dying Birch trees from a six-unit multi-family property.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 09 DB TAX LOT: 2300.
The Tree Commission recommends approval of the application as proposed.
Department of Community Development Tel: 541-488-5350 CITY F
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
'kA,iw.ashland.or.us
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AFFIDAVIT OF MAILING
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STATE OF OREGON
County of Jackson )
I
The undersigned being first duly sworn states that:'
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 12/16/161 caused to be mailed, by regular mail, in a sealed envelope
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with postage fully prepaid, a copy of the attached planning action notice to each person
listed on the attached mailing list at such addresses as set forth on this list under each
person's name for Planning Action #2016-02017, 565 Allison.
Signature of Employee
DocumenQ 12116/2016
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PA-2016-02017 391 E09DB 6100 PA-2016-02017 391 E09AC 15700 PA-2016-02017 391 E09DB 6200
ANDERSON ]VAR R JR TRUSTEE ET AL AUBLE CARMON M TRUSTEE BEERS MATTHEW Q TRUSTEE ET AL
1737 VERSAILLES AVE 542 SISKIYOU BLVD 550 ALLISON ST
ALAMEDA, CA 94501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09DB 3700
PA-2016-02017 391 E09DB 5700 BUKEY JOHN L/STEPHENS-BUKEY PA-2016-02017 391 E09DB 5200
BLAZEJ LUCIAN R TRUSTEE ET AL MELINDA CAVANAUGH RAGAN PATRICIA
50 LAIDLEY STREET PO BOX 247
SAN FRANCISCO, CA 94131 136 SHERMAN ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2016-02017 391 E09DB 6000 PA-2016-02017 391 E09DB 5900 PA-2016-02017 391 E09AC 15800
COX JAMES E TRUSTEE ET AL DEMARINIS SUSAN K TRUSTEE ET AL HARDWICK CLAUDIA
508-350 STONE RD 145 NORMAL AVE 2552 EDGEWATER DR
SUSANVILLE, CA 96130 ASHLAND, OR 97520 EUGENE, OR 97401
PA-2016-02017 391 E09DB 5300 PA-2016-02017 391 E09AC 15400 PA-2016-02017 391 E09DB 4300
HARDWICK JOHN ET AL HILEMAN CORREN C TRUSTEE ET AL HILLIGOSS LO/L KUZMIC
2552 EDGEWATER DR 570 SISKIYOU BLVD 534 ANN ST
EUGENE, OR 97401 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09CA 13800 PA-2016-02017 391 E09DB 5000 PA-2016-02017 391 E09CA 13700
HOWE GREGG TRUSTEE ET AL LAURSEN ERIC TRUSTEE ET AL LEE MARY BETH
PO BOX 336 46 UNION ST 542 ALLISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09DB 5100 PA-2016-02017 391 E09DB 5500 PA-2016-02017 391 E09AC 15600
MACKRIS KATHLEEN MARY TRUSTEE MC KEE DAVID C/CYNTHIA S OX MONKEY LLC
549 ALLISON ST 145 SHERMAN ST PO BOX 724
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2016-02017 391 E09DB 5400 PA-2016-02017 391 E09DB 4200 PA-2016-02017 391 E09DB 5600
PANNETON ROGER F/SANDRA N RAYNOLDS DAVID A F TRUSTEE ET AL SALLEE MICHAEL S/JENNIFER R
125-121 SHERMAN ST 1136 ANDERSON CREEK RD 433 CLINTON ST
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-2016-02017 391 E09AC 15500 PA-2016-02017 391 E09DB 5800 PA-2016-02017 391 E09DB 4900
SECOND AVENUE HOLDINGS LLC THOMPSON BRENT TRUSTEE ET AL WHITE GLENN/TREADWAY MONA
PO BOX 613 P 0 BOX 201 160 MEADE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
Allison
PA-2016-02017 565 RANDY ELLISON NOD 12/16/16
305 LIBERTY NO
ASHLAND, OR 97520 25
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Planning Department, 51 Winuuin Way, Ashland, Oregon 97520 CITY F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASH LAf I-)
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NOTICE OF APPLICATION'
PLANNING ACTION: PA-2016-02017
SUBJECT PROPERTY: 565 Allison Street
APPLICANT: Randy Ellison
DESCRIPTION: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from
a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1 E 09 DB TAX LOT: 2300.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, December 8, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: November 29, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 13, 2016
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2016\PA-2016-02017.docx
TREE REMOVAL PERMIT
18.5.7.040.B
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1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can
be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or
property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated
by treatment, relocation, or pruning, See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050, Such mitigation requirements shall
be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets
all of the following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints €i
in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or
existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the
subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable
alternative exists to allow the property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact
on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
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G:\comm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2016\PA-2016-02017.docx
I
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 11/29/161 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each person
listed on the attached mailing list at such addresses as set forth on this list under each
person's name for Planning Action #2016-02017, 565 Allison
Signature of Employee
Documen121112912016
E
PA-2016-02017 391 E09DB 6100 PA-2016-02017 391 E09AC 15700 PA-2016-02017 391 E09DB 6200
ANDERSON IVAR R JR TRUSTEE ET AL AUBLE CARMON M TRUSTEE BEERS MATTHEW Q TRUSTEE ET AL
1737 VERSAILLES AVE 542 SISKIYOU BLVD 550 ALLISON ST
ALAMEDA, CA 94501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09DB 3700
PA-2016-02017 391 E09DB 5700 PA-2016-02017 391 E09DB 5200
BLAZEJ LUCIAN R TRUSTEE ET AL BUKEY JOHN L/STEPHENS-BUKEY CAVANAUGH RAGAN PATRICIA
50 LAIDLEY STREET MELINDA PO BOX 247
SAN FRANCISCO, CA 94131 136 SHERMAN ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2016-02017 391 E09DB 6000 PA-2016-02017 391 E09DB 5900 PA-2016-02017 391 E09AC 15800
COX JAMES E TRUSTEE ET AL DEMARINIS SUSAN K TRUSTEE ET AL HARDWICK CLAUDIA
508-350 STONE RD 145 NORMAL AVE 2552 EDGEWATER DR
SUSANVILLE, CA 96130 ASHLAND, OR 97520 EUGENE, OR 97401
PA-2016-02017 391 E09DB 5300 PA-2016-02017 391 E09AC 15400 PA-2016-02017 391 E09DB 4300
HARDWICK JOHN ET AL HILEMAN CORREN C TRUSTEE`ET AL HILLIGOSS L 0/L KUZMIC
2552 EDGEWATER DR 570 SISKIYOU BLVD 534 ANN ST
EUGENE, OR 97401 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09CA 13800 PA-2016-02017 391 E09DB 5000 PA-2016-02017 391 E09CA 13700
HOWE GREGG TRUSTEE ET AL LAURSEN ERIC TRUSTEE ET AL LEE MARY BETH
PO BOX 336 46 UNION ST 542 ALLISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017 391 E09DB 5100 PA-2016-02017 391 E09DB 5500 PA-2016-02017 391 E09AC 15600
MACKRIS KATHLEEN MARY TRUSTEE MC KEE DAVID C/CYNTHIA S OX MONKEY LLC
549 ALLISON ST 145 SHERMAN ST PO BOX 724
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2016-02017 391 E09DB 5400 PA-2016-02017 391 E09DB 4200 PA-2016-02017 391 E09DB 5600
PANNETON ROGER F/SANDRA N RAYNOLDS DAVID A F TRUSTEE ET AL SALLEE MICHAEL S/JENNIFER R
125-121 SHERMAN ST 1136 ANDERSON CREEK RD 433 CLINTON ST
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-2016-02017 391 E09AC 15500 PA-2016-02017 391 E09DB 5800 PA-2016-02017 391 E09DB 4900
SECOND AVENUE HOLDINGS LLC THOMPSON BRENT TRUSTEE ET AL WHITE GLENN/TREADWAY MONA
PO BOX 613 P 0 BOX 201 160 MEADE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02017
RANDY ELLISON 565 Allison
305 LIBERTY 11/29/16 NOC
ASHLAND, OR 97520 25
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November 29, 2016 j
To Whom it May Concern:
I am a representative of the owner, Ragan Cavanaugh, of the building at 565 Allison
here in Ashland. The owner and I through various local arborists have been
attempting for the last 3-4 years to keep this split trunk birch alive through heavy
watering in summer months to pruning the dead out several years. It has become
apparent that the tree will not survive and we are just keeping it on life support,
which is costly and not sustainable.
It is also a hazard to the public as it sits near the sidewalk and during a wind or
snow storm braches could easily fall on the sidewalk or parked cars.
I had the tree(s) inspected by arborist Casey Roland, letter attached, and his
recommendation is that the tree(s) should be removed. We request your approval to
remove this dying tree, with the plan to replant a deciduous tree (as it sits on the SW
corner of the property) to replace it.
Thank you for your consideration. Please contact me with any questions.
Sin y,
Randy Ellison
Randy Ellison Builders
CCB#138299
541-292-9570
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Cory Darrow
From: Cory Darrow
Sent: Sunday, November 20, 2016 10:34 AM
To: IhrelIison@ashlandnet.net'
Subject: Tree Removal Permit
Hello Mr. Ellison,
In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete and cannot be
processed as submitted due to the absence of a narrative addressing the approval criteria.
This application was scheduled to go in front of the tree Commission on December 8`". If you would like for this
application to remain on the agenda, please submit a narrative no later than November 30, 2016. Below I have pasted the
applicable approval criteria. One way to format the narrative would be to create a bullet-point list of the applicable
criteria, either a hazard or non-hazard tree, with comments following each bullet.
If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as possible.
Tree Removal Permit Approval Criteria
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authoritv finds that the application meets
all of the following criteria, or can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety
hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an
existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment,
relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section
18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval
authority finds that the application meets all of the following criteria or can be made to conform through the
imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable
Land Use Ordinance requirements and standards, including but not limited to applicable Site Development
and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10,
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface
waters, protection of adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and
species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion
when alternatives to the tree removal have been considered 18.5.7 -Tree Removal Permits City of Ashland 5-
60 Land Use Ordinance and no reasonable alternative exists to allow the property to be used as permitted in
the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density
allowed by the zone. In making this determination, the City may consider alternative site plans or placement
of structures of alternate landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with the other provisions of this ordinance.
i
Cory Darrow
From: Cory Darrow
Sent: Sunday, November 20, 2016 10:34 AM c
To: 'hrellison@ashlandnet.net'
Subject: Tree Removal Permit i'
k
rs
Hello Mr. Ellison,
In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete and cannot be
processed as submitted due to the absence of a narrative addressing the approval criteria.
This application was scheduled to go in front of the tree Commission on December 8t". If you would like for this
application to remain on the agenda, please submit a narrative no later than November 30, 2016. Below I have pasted the
applicable approval criteria. One way to format the narrative would be to create a bullet-point list of the applicable
criteria, either a hazard or non-hazard tree, with comments following each bullet.
If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as possible.
Tree Removal Permit Approval Criteria
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets
all of the following criteria, or can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety
hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an
existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment,
relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section
18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval
authority finds that the application meets all of the following criteria or can be made to conform through the
imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable
Land Use Ordinance requirements and standards, including but not limited to applicable Site Development
and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface
waters, protection of adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and
species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion
when alternatives to the tree removal have been considered 18.5.7 -Tree Removal Permits City of Ashland 5-
60 Land Use Ordinance and no reasonable alternative exists to allow the property to be used as permitted in
the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density
allowed by the zone. In making this determination, the City may consider alternative site plans or placement
of structures of alternate landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with the other provisions of this ordinance.
1
i
Froli: Cory Darrow cory.darrowC~ashland.or.us
lbjeGt: Tree Removal Permit
D:ato: November 20, 2016 at 10:33 AM
To: hrellison@ashlandnei.net
Hello Mr. Ellison,
In reviewing your application for a Tree Removal Permit, Staff finds that the application is not complete
and cannot be processed as submitted due to the absence of a narrative addressing the approval
criteria.
This application was scheduled to go in front of the tree Commission on December 8th. If you would like
for this application to remain on the agenda, please submit a narrative no later than November 30,
2016. Below I have pasted the applicable approval criteria. One way to format the narrative would be I'
to create a bullet-point list of the applicable criteria, either a hazard or non-hazard tree, with comments
following each bullet.
If you have any questions or concerns regarding this matter, I encourage you to contact me as soon as
possible.
Tree Removal Permit Approval Criteria
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the
application meets all of the following criteria, or can be made to conform through the imposition of
conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facility, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the
permit
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if
the approval authority finds that the application meets all of the following criteria, or can be made
to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with
other applicable Land Use Ordinance requirements and standards, including but not limited
to applicable Site Development and Design Standards in part 18.4 and Physical and
Environmental Constraints in part 18.3.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability,
flow of surface waters, protection of adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject property. The City shall grant
an exception to this criterion when alternatives to the tree removal have been considered
18.5.7 - Tree Removal Permits City of Ashland 5-60 Land Use Ordinance and no reasonable
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ZONING PERMIT APPLICATION
Planning Division
L_ - 51 Winbum Way, Ashland OR 97520
c~ix OF FILE#
-.SMA N D 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT /~e~
6ep
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
4 " r\C~dwC 0 9
Street Address
SOO
Assessor's Map No. 39 1 E G Tax Lot(s) u 00
i
Zoning Comp Plan Designation = 117
APPLICANT
Name r PhoneA I-w✓ E-Mail 1\ Q? i~t+v ' ~JQ
Address w City zip
PROPERTY OWNER 4~ 0 .
Name O W ~ Phone dl qq° E-Mail (.W
e
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE-ARCHITECT, HER
Title a Name Phone E Mail`s 1
Address . _ City Zip
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect the owner assumes full responsibility, 1 further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request,•
3) that the findings of fact furnished by me are adequate; and further
4 t all structures or improvements are properly located on the ground.
Fadu in this j sult mosi ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be re ed f . If I av ny dotkts, l am advised to seek competent professio of advice and ass' Lance.
Applicant's Sig t re Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
of r
I~a net Ito
Property 0 er's Signature (required) Date
[To be completed by city Staff]
Date Received Zoning Permit Type Filing Fee $ -
OVER
GAcomm-dev\planning\Forms & Handouts\Zoning Permit Application.doc
ZONING PERMIT APPLICATION
1 Planning Division
- 51 Winburn Way, Ashland OR 97520
C I T OF FILE #
-ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT Ae~xnp b/a
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
9
to,5- Q ti\fuvmC ,
Street Address
Assessor's Map No. 39 1 E I U6 Tax Lot(s)
Zoning Comp Plan Designation,/` r
APPLICANT
Name f. r -Phone E-Mail
Address t City Zip
PROPERTY OWNER'
Name a!L Phone'01 1 Mail C I~ M
~ '
Address 0- CityaJ e Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE-ARCHITECT, HER ' L
Title ~ b Name Phone~~ Mail , ~
Address City Zip
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4 t all structures or improvements are properly located on the ground.
Failu in this egard wit esult most i ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be re ' ed t my expen e. If 1 av ny dot~ifs, l am advised to seek competent professio al advice and assi Vance.
Applicant's Sig t e Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
o r.
P
Property 0 er's Signature (required) Date
[To be completed by City Staff
Date Received Zoning Permit Type Filing Fee $
OVER 0
G;komm-dev\pianning\Poans & Handouts\Zoning Permit Application.doc
s I r Y 7
#t, i 5EY oLAN REE RE
Phone: 5+1-+88-0782 ® ccb 1 6190
la~~l,~~l
Oct. 23, 2016
To whom it may concern,
Randy Ellison contacted me to inspect and evaluate two White Birch trees at 565 Allison St. Ashland, Or.
and make recommendations for the care of these trees.
Both trees have dead tops, and thin foliage throughout the canopy.
Both trees have been repeatedly attacked by Bronze Birch beetles, which is visible from the ground.
It is my opinion that both trees will continue to decline until death from these beetle infestations.
There would be no practical measures that can be taken to insure their survival.
I recommend the removal, and replacement, of these trees with a species that would be appropriate for
this space.
Please feel free to contact me with any questions or concerns regarding this matter.
Sinc rely,
Casey P. Roland.
Tkank You for dour 15u.5ine5s!
-
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Job Address: 565 ALLISON ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: CAVANAUGH GERALD TRUSTEE C Phone:
N State Lic No:
~ Customer 09082
RANDY ELLISON BUILDERS I- City Lic No:
L Applicant: 305 LIBERTY ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 10/25/2016
T Issued:
Expires: 04/23/2017 Phone: '
State Lic No:
Maplot: 391 E09DB5200 City Lic No:
DESCRIPTION: Tree Removal
E
E;
VALUATION F
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree Removal/Verification 28.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
-t-vS'r_1'L AN
T.
L
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
Fees Paid: $ 28.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
4